Civil Service in a European Administrative Space

1
Civil Service in a European Administrative Space

• General principles duties and rights of civil
  servants
• Wolfgang Rusch, Sigma
• Building a Professional Civil Service in
  KosovoPristina, 26-27 June 2008

2
The European Administrative Space

• Rule of Law ? public administration through law
• Openness and transparency
• Accountability
• Efficiency and effectiveness

3
European Standards for Civil Service

• Separation of public private sphere
• Depoliticisation
• Individual accountability of civil servants
• Job protection and stability
• Legally defined duties and rights
• Recruitment and promotion based on merit

4
Duties of a civil servantPart I

• Legality and accountability
• Loyalty primarily to the constitution and the law
• To advise superiors (to tell the truth to those
  in power) and carry out their lawful orders
• Full personal accountability for the correct
  conduct of her/his actions

5
Duties of a civil servantPart II

• Impartial and fair performance
• Serve the people as a whole and not a political
  party or ethnic group
• Limitation of political activities in and off
  duty
• Avoid possible conflict of interests
• Strict limitation on acceptance of any rewards
  or gifts
• Respectful treatment of the citizen

6
Duties of a civil servantPart III

• Other duties
• Official secrets versus citizens right of
  information
• Ban on having an additional occupation
• Training
• Restriction on the right to strike (ban?)

7
Rights of civil servants

• Salary, vacation, pension
• Regulated working hours
• Protection against political or other influence
  from outside
• Training
• Access to personal files and records
• Freedom of association

8
Disciplinary regulation

• Punishment for breaches of duties
• No contravention of ne bis in idem
• The law regulates principles
• Categories of disciplinary offences
• Categories of sanctions
• Proportionality of sanctions
• Right to be heard
• Right to appeal

9

• Thank you for your kind attention!